lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THllRD DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6316 OF 2025 `. ` Between : Kalagapudi Daniyelu, S/o. Yesu Padam, Male, aged about 26 years, R/o. Gollalakoderu Village, Pa]akoderu Mandal, West Godavari District. ...petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ..[Respondent/Complainant petition under section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal petition, the High Court may be pleased to grant Regular bail to the petitioner/Accused No.1 in connection with the Crime No.74 of 2025 of Tanuku (Rural) P.S., West Godavari District; The petition coming on for hearing, upon Perusing the Petition and memorandum of grounds of Grim-lnal petition and upon hearing the arguments of sri Mangena Sree Rama Rao, Advocate for the Petitioner and public prosecutor for the Respondent, the Court made the following; Order:- This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petit-loner/A1, seeking regular bail, in Crime No.74 of 2025 of Tanuku (Rural) Police Station, West Godavari District. i= ct . . .. 2 2. A case has been registered against the petI'tiOner herein and others for the.offences punishable under sections 108 read with 3(5) of BNS- 3. Case of the prosecution, l'n brief, is that, on o1.04.2025 at 8.00 AM, the deceased went to Bhjmavaram along with his elder daughter for exam on his motor cycle and left his daughter in Bhimavaram. Thereafter, the daughter of the deceased returned to the house after completl'on of the examjnatjon, but the deceased did not return to home. Then the defacto complainant, who I-s wife of the deceased, along wI-th her relatives, searched for deceased in surrounding .areas and that on o2.04.2025 at about 9.30 a.m., she. fourfd that her husband died and his body was float,-ng in Attili canal water at Mandapaka village of Tanuku Mandal. The deceased committed suicide due to depression and upset due to their over debts. 4. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor. peru|sed the record. 5. The petitionerwas arrested on o5.06.2025 and has been in judI-Cial remand since then. Originally, the report was filed on the ground that the deceased had committed suicide. Based on certain suspicions, a case was initially regl|stered under section 194 of the BNSS. Subsequently, during the course of investigation, the ``- cia EEEEE ts \~ '3 section was altered to section 108 read with Section 3(5) of the BNS. An alteration memo was filed, which indicates that the accused and. his friends, along with the deceased, were involved in cricket betting in the past. lt is alleged that the deceased initially placed small bets and won, bu.i later, when he bet larger amounts, he suffered losses. Even accepting the allegations in their entirety, there is nothing on record to suggest the presence of the essential ingredients required to attract an offence under section 108 of the BNS. lt is pertinent to note ,that,I as per Section 45 of the Indian Evidence Act, expert opinion is essential in such matters. The only basis for the current allegation is that the d`eceased sustained losses in cricket betting and, a§ a result, took the extreme Step Of committing suicide, 6. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Al on the following conditions. i) The petitioner/Al shall be released on bail on his executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum to the satisfaction of the learned principal Junior Civil Judge (Junior Division)-Gum-Judicial Magistrate of First Class at Tanuku. ii) On release, the petitioner shall appear before the Station House Officer concerned, once in a week i.e. on every Sunday, between 10.00 am and 05.00 pm, till filing of the charge sheet and dss5f5S ii= i= 4 the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement Or Promise tO the Prosecution Witnesses. iii) lt is made clear that the petitioner sha" scrupulously comply with the above conditions and breach of any of the above conditions wi" be viewed serl-ously and prosecution I-s at liberty to move an application for cancellation of the bail. 7. Accordingly, the Criminal petition is allowed. I I SD/-M.SRINIVAS //TRUE COPY// ASSISTAZ;REGISTRAR For I SECTION OFFICER To, 1. The Principal Junior Civil Judge, (Junior Division) Gum Judicial Magistrate of First class at Tanuku. 2. The Superintendent, Sub Jail, Tanuku. 3. The Station House Officer, Tanuku (Rural) P.S., West Godavari District. 4. One CC to Sri. Mangena Sree Rama Rao, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy MM RTi- i= HIGH COURT SRK,J DATED:03/07/2025 ORDER CRLP.No.6316 of 2025 ALLOWED